19754 Federal Register / Vol. 72, No.
75 / Thursday, April 19, 2007 / Notices
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA 2006–26280; Notice 2]
The Braun Corporation, Grant of
Petition for Decision of
Inconsequential Noncompliance
The Braun Corporation (Braun) has
determined that certain wheelchair lifts
it produced in 2005 through 2006 do not
comply with S6.4.9 of 49 CFR 571.403,
Federal Motor Vehicle Safety Standard
(FMVSS) No. 403, ‘‘Platform lift systems
for motor vehicles.’’ Pursuant to 49
U.S.C. 30118(d) and 30120(h), Braun
has petitioned for a determination that
this noncompliance is inconsequential
to motor vehicle safety and has filed an
appropriate report pursuant to 49 CFR
part 573, ‘‘Defect and Noncompliance
Reports.’’ Notice of receipt of a petition
was published, with a 30-day comment
period, on December 13, 2006, in the
Federal Register (71 FR 74993). The
National Highway Traffic Safety
Administration (NHTSA) received no
comments. To view the petition and all
supporting documents, go to: http://
dms.dot.gov/search/
searchFormSimple.cfm and enter
Docket No. NHTSA–2006–26280.
Affected are a total of approximately
15,992 model NL, NCL, and NVL
wheelchair lifts produced between April
1, 2005 and July 19, 2006. S6.4.9.7 of
FMVSS No. 403 requires:
When tested in accordance with S7.12.1,
each handrail must withstand 445 N (100
pounds force) applied at any point and in
any direction on the handrail without more
than 25 mm (1 inch) of displacement relative
to the platform surface. After removal of the
load, the handrail must exhibit no permanent
deformation.
In addition, S6.4.9.9 of FMVSS No. 403
requires:
When tested in accordance with S7.12.2,
each handrail must withstand 1,112 N (250
lbf) applied at any point and in any direction
on the handrail without sustaining any
failure, such as cracking, separation, fracture,
or more than 100 mm (4 inches) of
displacement of any point on the handrails
relative to the platform surface.
The noncompliant lifts do not meet the
displacement requirements of S6.4.9.7
and S6.4.9.9.
Braun described its noncompliance as
follows:
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Following compliance tests conducted by
the National Highway Traffic Safety
Administration at MGA Research
Corporation in Burlington, Wisconsin, The
Braun Corporation has confirmed through its
investigation that it manufactured and
distributed approximately 15,992 wheelchair
VerDate Aug<31>2005 15:39 Apr 18, 2007 Jkt 211001
lifts (from April 1, 2005 to July 19, 2006)
whose handrails are unable to meet the
requirements for displacement as defined in
S6.4.9.7 and S6.4.9.9 of the standard.
Braun has corrected the problem that
caused these errors so that they will not
be repeated in future production.
Braun believes that this
noncompliance is inconsequential to
motor vehicle safety and that no
corrective action is warranted. Braun
stated that:
The non-complying wheelchair lifts
continue to meet the requirements set forth
in the Americans with Disabilities Act
(ADA). In other words, they are able to
withstand ‘‘a force of 100 pounds
concentrated at any point on the handrail
without permanent deformation of the rail or
its supporting structure.’’ . . . The Braun
Corporation has never received a claim or
complaint of handrail failure resulting in an
injury. . . . [T]he handrails have been
utilized hundreds of millions, if not billions
of times without incident. . . . [A]ny
modifications, or upgrades imposed to ensure
compliance with FMVSS 403 would appear
to provide a statistically insignificant
enhancement.’’
When NHTSA proposed handrail
requirements in July 2000, it stated that
the 445 N (100 lb) force applied at any
point and in any direction on the
handrail is to ensure that handrails are
stable and have adequate clearance
around them. The 445 N (100 lb) force
is a test that represents normal use and
the resulting deflections should not
cause the passenger to become unstable
or allow his hands which are grasping
the handrails to interact with any
portion of the vehicle. Such results
would be a safety concern. The 1,112 N
(250 lb) force is a test that assures that
handrails are sufficiently strong to
prevent catastrophic failure. If a
handrail is overloaded, it is allowed to
deflect further, however, it would be
undesirable for the handrail to fracture
which could cause it to collapse. The
July 27, 2000 supplemental notice of
proposed rulemaking (SNPRM) (65 FR
46228) and the December 2002 final rule
(67 FR 79416) have the same handrail
requirements and test procedures. In
addition to these functional
requirements, maximum displacement
limits are specified. In NHTSA’s
compliance test on the Braun lift, the
445 N (100 lb) force was applied
downward on the handrail and the
deflection of 51 mm exceeded the
requirement’s limit of 25 mm. The 1,112
N (250 lb) force was applied downward
and the deflection of 124 mm exceeded
the requirement’s limit of 100 mm.
During application of the 1,112 N (250
lb) force, however, the handrail did not
exhibit cracking, separation or fracture.
Although the Braun lift handrail, when
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tested with a downward force, exceeded
the displacement limits by 26 mm at
445 N (100 lb) and 24 mm at 1,112 N
(250 lb), the handrail gradually
deflected downward and did not fail
catastrophically. This type of failure
would not cause the passenger to
become unstable, adversely interact
with the vehicle, or pose a safety
concerns that the handrail requirements
were intended to address. NHTSA is
reviewing its laboratory test procedure
as applicable to the handrail protocols
to assess compliance with S6.4.9. It is
anticipated that future tests will specify
placement and direction of forces that
will be more focused to address worst-
case handrail displacement and real-
world safety problems.
In consideration of the foregoing,
NHTSA has decided that the petitioner
has met its burden of persuasion that
the noncompliance described is
inconsequential to motor vehicle safety.
Accordingly, Braun’s petition is granted
and the petitioner is exempted from the
obligation of providing notification of,
and a remedy for, the noncompliances.
Authority: 49 U.S.C. 30118, 30120;
delegations of authority at CFR 1.50 and
501.8.
Issued on: April 12, 2007.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E7–7412 Filed 4–18–07; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
Office of Hazardous Materials Safety;
Notice of Application for Special
Permits
AGENCY: Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: List of Applications for Special
Permits.
SUMMARY: In accordance with the
procedures governing the application
for, and the processing of, special
permits from the Department of
Transportation’s Hazardous Material
Regulations (49 CFR part 107, subpart
B), notice is hereby given that the Office
of Hazardous Materials Safety has
received the application described
herein. Each mode of transportation for
which a particular special permit is
requested is indicated by a number in
the ‘‘Nature of Application’’ portion of
the table below as follows: 1—Motor
vehicle, 2—Rail freight, 3—Cargo vessel,
19APN1

4—Cargo aircraft only, 5—Passenger-
carrying aircraft.
DATES: Comments must be received on
or before May 21, 2007.
Address Comments to: Record Center,
Pipeline and Hazardous Materials Safety
Administration, U.S. Department of
Transportation, Washington, DC 20590.
Comments should refer to the
application number and be submitted in
triplicate. If confirmation of receipt of
Application Docket
number number
14487–N ....................
14492–N ....................
14493–N ....................
14494–N ....................
14495–N ....................
14496–N ....................
14499–N ....................
14500–N ....................
14504–N ....................
[FR Doc. 07–1931 Filed 4–18–07; 8:45 am]
BILLING CODE 4909–60–M
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
Office of Hazardous Materials Safety;
Notice of Delays in Processing of
Special Permits Applications
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AGENCY: Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: List of Applications Delayed
more than 180 days.
VerDate Aug<31>2005 15:39 Apr 18, 2007
Federal Register / Vol. 72, No. 75 / Thursday, April 19, 2007 / Notices 19755
comments is desired, include a self- accordance with Part 107 of the Federal
addressed stamped postcard showing hazardous materials transportation law
the special permit number. (49 U.S.C. 5117(b); 49 CFR 1.53(b)).
FOR FURTHER INFORMATION CONTACT: Issued in Washington, DC, on April 12,
Copies of the applications are available 2007.
for inspection in the Records Center, Delmer Billings,
Nassif Building, 400 7th Street SW.,
Washington, DC or at http:// Director, Special Permits & Approvals
Programs, Office of Hazardous Materials,
dms.dot.gov.
Special Permits & Approvals.
This notice of receipt of applications
for special permit is published in
NEW SPECIAL PERMITS
Applicant Regulation(s) affected Nature of special permits thereof
Osmose Inc. 49 CFR 173.212 ........... To authorize the one-way transportation in commerce of Arsenic tri-
Millington, TN. oxide, Division 6.1, PG II in non-DOT specification drums. (mode 1)
Tankbouw 49 CFR 178.276(a)(1) To authorize the manufacture, mark, sale and use of non-DOT speci-
Rootselaar and (a)(2). fications portable tanks conforming with the 2004 edition (+2005
B.V. The Neth- Addenda) of Section VIII, Division 1 of the ASME Code for the
erlands. transportation in commerce of certain Division 2.1 and 2.2 haz-
ardous materials. (modes 1, 2, 3)
Thermacore, Inc. 49 CFR 173.306(e) ....... To authorize the transportation in commerce of non-DOT specification
Lancaster, PA. containers (heat pipes) containing anhydrous ammonia for use in
specialty cooling applications (modes 1, 2, 3, 4)
Airgas, Inc. 49 CFR 172.202, To authorize the transportation in commerce of cylinders that are
Cheyenne, WY. 172.301(a), and marked with obsolete proper shipping descriptions to allow for their
172.301(c). return. (modes 1, 2, 3, 4, 5)
GE Healthcare 49 CFR 173.302(a), To authorize the transportation in commerce of a Division 2.2 gas in a
Arlington 175.3. non-DOT specification cylinder (modes 1, 4)
Heights, IL.
Oilphase Divi- 49 CFR 173.201(c), To authorize the manufacture, marking, sale and use of non-DOT
sion, 173.202(c), specifications cylinders similar to a DOT 3A for the transportation of
Schlumberger 173.203(c), Division 2.1 and 2.3 gases. (modes 1, 2, 3, 4)
Eval. & Pro- 172.301(f),
duction (UK) 173.302(a),
Ltd Dyce, Ab- 173.304(d),
erdeen, UK. 173.304(d), 175.3.
Optimus Inter- 49 CFR To authorize the manufacture, marking, sale and use of non-DOT
national. 173.304a(d)(3)(ii) AB. specification, nonrefillable inside containers similar to DOT–2P for
certain Division 2.1 flammable gases. (modes 1, 2, 3, 4)
Northwest Res- 49 CFR 172.203(a); To authorize the loading and unloading of DOT 4L cylinders without
piratory Serv- 177.834(h). unloading them from a vehicle. (mode 1)
ices St. Paul,
MN.
Medis Tech- 49 CFR 175.10(a) ......... To authorize passengers and crewmembers on aircraft to carry on
nologies Ltd. baggage containing micro fuel cell systems with a small quantity of
New York, NY. sodium/potassium borohydride solution, a Class 8, PG II liquid and
a small quantity of potassium hydroxide electrolyte solution, a Class
8, PG II liquid. (mode 5)
SUMMARY: In accordance with the Key to ‘‘Reason for Delay’’
requirements of 49 U.S.C. 5117(c),
1. Awaiting additional information
PHMSA is publishing the following list from applicant.
of special permit applications that have
2. Extensive public comment under
been in process for 180 days or more.
review.
The reason(s) for delay and the expected
3. Application is technically complex
completion date for action on each
and is of significant impact or
application is provided in association
precedent-setting and requires extensive
with each identified application.
analysis.
FOR FURTHER INFORMATION CONTACT: 4. Staff review delayed by other
Delmer Billings, Office of Hazardous priority issues or volume of special
Materials Special Permits and permit applications.
Approvals, Pipeline and Hazardous
Meaning of Application Number
Materials Safety Administration, U.S.
Suffixes
Department of Transportation, 400
Seventh Street, SW., Washington, DC N—New application.
20590–0001, (202) 366–4535. M—Modification request.
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